Allowed

M/S.City Men Forex& Travels v. M/S.My Forex Services Pvt. Ltd.

Madras HC6 Dec 2021CRL RC/1344/2014

Case brief

AI extract

What is this about?

In a criminal revision seeking to set aside confirmation of conviction for cheque dishonour, the court allowed the petition, set aside the conviction and sentence, and compounded the offence following a settlement memo filed by the complainant, closing related memory petitions.

What did the court decide?

The judgment of the Additional Sessions Judge and the judgment of the Metropolitan Magistrate were set aside; the offence was compounded and memory petitions were closed.

M/S.City Men Forex& Travels Vs M/S.My Forex Services Pvt. Ltd. — Cheque Dishonour | Madras HC (2021)

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BAIL SLIP

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The Petitioner/Accused viz., Pichappan, S/o.O.M.Manickam Chettiar was released on bail as per order of this Court dated 06.12.2021 in Crl.M.P.Nos.1/2014 to 1/2014 in Crl.Rc.Nos.1343/2014 to 1352/2014 on the file of this Court.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.12.2021

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CORAM :

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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CRL.R.C.NO.1344 OF 2014

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M/s.City Men Forex & Travels Pvt. Ltd., Rep. by its Director, Pichappan, “L” Block No.157, 1^st Main Road, Anna Nagar East, Chennai-102. 2. Pichappan .. Petitioners/ Appellants/Accused 1 & 3 Versus

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M/s. My Forex Services Pvt. Ltd., Rep. by its Director, Y.S.Jaliwala, Shivalaya, “A” Blcok No.106, I Floor, Ethiraj Street, Chennai – 600105. .. Respondent/ Respondent/Complainant

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Prayer :

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Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., to call for the records in C.A.No.37 of 2012 and to set aside the order dated 18.11.2014 on the file of the learned VI Additional Sessions Judge, Chennai confirming the order in C.C.No.7010 of 2004 dated 28.01.2012, on the file of the learned XIV Metropolitan Magistrate, Egmore.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioners : No Appearance For Respondent : Mr.G.N.Sriram

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ORDER

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This Criminal Revision Case is filed by the petitioners/accused aggrieved by the conviction for the offence under Section 138 of Negotiable Instruments Act by the judgment of the learned XIV Metropolitan Magistrate, Egmore dated 28.01.2012 in C.C.No.7010 of 2004 and the judgment of the learned VI Additional Sessions Judge, Chennai dated 18.11.2014 in Crl.A.No.37 of 2012.

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Today, when the matter came up for hearing, Mr.G.N.Sriram, representing Mr.Sanjay Ramaswami, learned Counsel for the complainant, filed a memo stating that the matter has been settled between the complainant and the accused.

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Along with the memo, a letter of his client, dated 24.08.2017, acknowledging the total sum of Rs.10,00,000/- by way of two demand drafts towards the full and final settlement of the case in C.S.No.226 of 2005 and the 138 proceedings pending in Crl.R.C.Nos.1343 to 1352 of 2014 is also enclosed.

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He has no objection to set aside the conviction and sentence imposed by the Trial Court, in view of the settlement of the cheque amount.

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The said memo is recorded.

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The Criminal Revision Case in Crl.R.C.No.1344 of 2014 stands allowed. The judgment of the learned VI Additional Sessions Judge, Chennai dated 18.11.2014 in Crl.A.No.37 of 2012 and the judgment of the learned XIV Metropolitan Magistrate, Egmore dated 28.01.2012 in C.C.No.7010 of 2004 are set aside. The offence stands compounded. Consequently, M.P.Nos.1 and 2 are closed.

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*Xerox copy of memo filed by the Respondent is enclosed.

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Sd/-

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Assistant Registrar(CS IV)

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//True Copy//

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Sub Assistant Registrar

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grs

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https://hcservices.ecourts.gov.in/hcservices/

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The VI Additional Sessions Judge, Chennai.

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The XIV Metropolitan Magistrate, Egmore, Chennai.

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The Chief Metropolitan Magistrate, Egmore, Chennai.

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The Section Officer, Criminal Section, High Court, Madras.

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Crl.R.C.No.1344 of 2014

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NRL(CO) PM/30/12/2021

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https://hcservices.ecourts.gov.in/hcservices/

M/S.City Men Forex& Travels v. M/S.My Forex Services Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

M/S.City Men Forex& Travels v. M/S.My Forex Services Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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